State v. Brodie

Andrews, Judge.

The State appeals from the trial court’s grant, after a bench trial, of Brodie’s motion for new trial based on his pre-trial motion in limine 1 to exclude the Intoximeter 3000 results. Brodie was convicted of improper lane change and driving with an illegal blood-alcohol level, OCGA § 40-6-391 (a) (4). He was acquitted of being under the influence to the extent it was less safe to drive, OCGA § 40-6-391 (a) (1).

The motions were premised on Brodie’s contention that he was deprived of his right to an alternate test. Viewed in favor of the factfinder, the evidence was that, on…